


Jason Tiner's First Legal Decision

by jdale



Category: JAG
Genre: Episode: s08e01 Critical Condition, Gen
Language: English
Status: Completed
Published: 2019-08-08
Updated: 2019-08-08
Packaged: 2020-08-11 19:24:28
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 746
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/20158819
Author URL: https://archiveofourown.org/users/jdale/pseuds/jdale
Summary: “You ordered me last night to decide whether Commander Rabb or Colonel MacKenzie should be charged with disobeying your order that only one of them could remain behind. I’ve made my decision, sir, and I have the charge sheet drawn up.”





	Jason Tiner's First Legal Decision

**Author's Note:**

> For best viewing of the timestamp, download and install the OCRB font found at <https://www.wfonts.com/font/ocrb>.

**1328 ZULU**  
** JAG HEADQUARTERS**  
** FALLS CHURCH, VIRGINIA**

_“Sir, I have the charge sheet you requested drawn up,”_ Tiner’s voice filtered through the intercom.

Admiral Chegwidden looked at the intercom in confusion. “What charge sheet?”

_“You ordered me last night to decide whether Commander Rabb or Colonel MacKenzie should be charged with disobeying your order that only one of them could remain behind,”_ Tiner reminded him. _“I’ve made my decision, sir, and I have the charge sheet drawn up.”_

Now Chegwidden’s expression turned to one of surprise. “Alright, let’s see it, Tiner.”

The door to Chegwidden’s office opened. Tiner walked in, came to attention in front of Chegwidden’s desk, and handed him a sheet of paper. Chegwidden took the piece of paper from him and looked it over carefully.

“Well, everything seems to be filled out correctly,” Chegwidden observed.

“Thank you, sir,” Tiner replied.

“Tell me, Petty Officer, what made you decide to charge Colonel MacKenzie as opposed to Commander Rabb?” Chegwidden asked.

“Sir, whichever officer stayed behind to fill the vacancy on the _Seahawk_ would create a vacancy here at JAG HQ that would need to be filled,” Tiner began. “Colonel MacKenzie is your chief of staff, whereas Commander Rabb is a regular staff judge advocate. As such, the colonel holds more responsibility in her current billet than the commander does in his, therefore she would be the more difficult of the two to replace. Military exigencies should therefore have dictated that Commander Rabb be the one to remain behind and fill the vacancy on the _Seahawk_ while Colonel MacKenzie returned to JAG HQ.”

Chegwidden nodded. “That is certainly one way of looking at the situation. However, Petty Officer, had you considered that as chief of staff, Colonel MacKenzie is superior in position to Commander Rabb, and that, based on their dates of promotion, Colonel MacKenzie is also superior in grade to Commander Rabb? It would therefore have been Colonel MacKenzie’s prerogative as the senior officer whether to stay or go, and Commander Rabb as the junior officer would have been duty-bound to do the opposite. Based on that fact, shouldn’t it be Commander Rabb who was charged?”

“Allowing that it was Colonel MacKenzie’s decision to make as the senior officer, she would have had a duty to act in a manner that would best serve the interests of the military,” Tiner argued. “Fulfilling that duty would have required her to perform a cost-benefit analysis of her staying behind versus Commander Rabb staying behind, which, as previously discussed, should have led her to the conclusion that the interests of the military would be better served by Commander Rabb staying behind. She would be derelict in her duty if she were to place her personal interests ahead of those of the military and choose to stay regardless.”

“That may be, Petty Officer, but it would still be her prerogative as the senior officer whether to stay or go, and Commander Rabb would still be bound to abide by her decision,” Chegwidden countered, “unless you intend to argue that Colonel MacKenzie choosing to stay would constitute an unlawful order to Commander Rabb to return to JAG HQ?”

“No, I do not, sir,” Tiner replied.

Chegwidden stared at the charge sheet in silence. He hadn’t expected Tiner would be able to make any decision at all—as a matter of fact, he’d been banking on that fact to give him an out. Suddenly, thinking back over the debate he and Tiner had just had, he realized that Tiner had still managed to give him an out.

“Well, given the…obvious difficulties that would be had in obtaining a conviction against Colonel MacKenzie, I don’t believe it would be in the Navy’s best interests to invest the resources into a prosecution that would be unlikely to succeed,” Chegwidden said. “As such, I will be dismissing the charges in this case.”

Tiner’s expression was somewhat disappointed. “Understood, sir.”

“Don’t worry, Tiner,” Chegwidden assured him. “Just because I’m dismissing the charges, that doesn’t mean the effort you put into making your decision was any less important or valuable.”

“Aye, sir,” Tiner responded.

“That will be all,” Chegwidden said. “Dismissed.”

“Aye, aye, sir!” Tiner rapped out, then spun on his heel and turned to depart.

When Tiner was almost to the door, Chegwidden called out, “And Tiner?”

Tiner turned back to face Chegwidden. “Yes, sir?”

“You’re going to make a damned fine lawyer someday, Tiner,” Chegwidden told him.

Tiner grinned. “Thank you, sir!”


End file.
